Where the record shows that a letter asserting itself to be an answer to a summons of garnishment was filed within the time required for filing, and the court, being unaware of this filing, signed a default judgment against the garnishee, a motion to set aside the judgment was properly granted.
SUBMITTED JUNE 12, 1967 — DECIDED JUNE 22, 1967 — REHEARING DENIED JULY 18, 1967.
This is an appeal from an order setting aside a default judgment entered against a garnishee.
The garnishee was served with summons of garnishment on August 12, 1966, and the garnishee submitted to the clerk a letter stating that it was "in answer to a summons. . ." This letter was not under oath. The court, with no knowledge of this letter, signed a default judgment against the garnishee on the first day of October, 1966.
On October 11, 1966, the garnishee filed an answer under oath, and on October 25, 1966, filed a motion to set aside the default judgment. The appeal is from the order setting aside the default judgment.
JOSLIN, Judge.
The record shows that a letter asserting that it was an answer to a summons of garnishment was filed within the time required, and that the court, being unaware of this filing, signed a default judgment against the garnishee. This is sufficient showing, under Code § 110-702, upon which to grant a motion to set aside the default judgment.
Judgment affirmed. Bell, P. J., concurs. Pannell, J., concurs specially.
PANNELL, Judge, concurring specially.
I concur with the judgment in this case under authority of Aycock v. Royal Ins. Co., 46 Ga. App. 299 ( 167 S.E. 551).